County Court Summons

What is a County Court Claim Form?

A County Court Claim Form is issued because the lender has asked the court to enforce payment. If you receive a Claim form in the post don't panic!

The form issued by the court is designed to establish how much you can afford to pay the creditor towards the arrears. You are asked to complete an income and expenditure form and also to provide details of your other debts. The courts are interested in looking at what you can afford.

Completing the form

Complete the income and expenditure form to work out how much you can afford to pay your creditors each month after you have paid for essential living costs (i.e. your surplus income).

When you have calculated how much you have left at the end of each month, before making payments to your lenders (creditors), split that amount between each creditor on a pro rata basis. This is done using the following calculation:

SURPLUS INCOME divided by
TOTAL OF ALL DEBTS
multiplied by AMOUNT OWED TO EACH INDIVIDUAL CREDITOR

Example:

Debt 1 £1,750
Debt 2 £2,400
Debt 3 £2,000

Total Debt £6,150

Total Surplus £95 per month

Payment to Debt 1

95 / 6,150 x 1750 = £27.03 per month

Payment to Debt 2

95 / 6,150 x 2400 = £37.07 per month

Payment to Debt 3

95 / 6150 x 2000 = £30.89 per month

Once you have calculated how much you owe to the creditor that has issued the Claim, that is the amount you should offer through the court.

The Claim should provide a postal address for you to return the completed form. It will also state the date by which you should do this.

If you are in any doubt as to how to complete the form contact your local Citizens Advice Bureau. You may also be able to find information and a sample form at www.courtservice.gov.uk

You will not have to attend court. Instead you will receive details of the Judgment made against you by post. This will state the amount that you are to pay to that creditor each month.

If you feel you are unable to pay this amount you can apply for a Variation Order.

For more information go to our section on County Court Judgments.

For more information please contact us on 0800 074 6918 or email us at: info@insolvencyhelpline.co.uk.